Ensuring Equal Parental Rights and Opportunities in Queens, NY

Experienced Representation for New York Fathers’ Rights Matters

There are a number of legal issues for which fathers in New York should have experienced legal representation to protect their rights, including:

Paternity

Establishing paternity creates the legal status of being a father. New York law presumes that a man is the legal father of a child born to his wife. If a father and mother are not married to one another at the time of the child’s birth, paternity must be established in order to create a legal relationship between father and child. This can be done by both parents signing a voluntary Acknowledgment of Paternity or by one parent filing a petition to establish paternity with the family court.

Establishing paternity allows a father to seek custody and visitation and obligates him to financially support his child. It also allows fathers and children to inherit from each other under state law, and for children to be entitled to government benefits through their father.

Custody and Visitation

New York State law requires that child custody and visitation be determined by considering “the best interests of the child.” There are numerous factors that must be taken into account, including which parent has been the child’s primary caregiver, the parenting skills of each parent, the mental and physical health of the parents, and each parent’s ability to cooperate with the other parent, among others. The “best interest” standard is highly fact-dependent, and it is critical to have an attorney who understands what evidence must be put before the court. Child custody and visitation orders can be modified, but it can be difficult and costly to do so; it is much better to ensure a fair custody arrangement is reached in the first place.